Guide for individuals
Know Your Rights: A Guide to Workplace Accommodations
If you're living with cancer, you have legal rights in the workplace. This guide explains what reasonable accommodation means, how to ask for it, and what to do if your employer doesn't follow through.
You have the right to be accommodated
Under the Canadian Human Rights Act and every provincial human rights code, employers have a legal duty to accommodate employees with disabilities — including cancer — to the point of undue hardship. This isn't a favour your employer can choose to grant or withhold. It's a legal obligation.
Accommodation means adjusting your work duties, schedule, environment, or conditions so that you can continue to work during or after cancer treatment. It doesn't mean your employer has to do whatever you ask — but it does mean they have to make a genuine, good-faith effort to find a solution that works.
What counts as a reasonable accommodation?
Accommodations vary depending on your role, your treatment, and your employer's size and resources. Common examples include:
Modified hours or schedule
Adjusted start and end times, reduced hours, or a compressed work week to accommodate treatment appointments, fatigue, or recovery.
Remote or hybrid work
Working from home, either full-time or on treatment days, to reduce commute burden and manage energy levels.
Modified duties
Temporarily reassigning physically demanding tasks, reducing workload, or shifting to different responsibilities during treatment.
Medical leave and time off
Paid or unpaid leave for treatment, recovery, or medical appointments — including short-term and long-term disability leave.
Workspace adjustments
Changes to your physical workspace — such as a quieter area, ergonomic equipment, or proximity to washrooms — to support your comfort and function.
Phased return to work
A gradual return to full duties after treatment, with a structured plan that builds up hours and responsibilities over time.
How to request an accommodation
Start the conversation early
You don't need to wait until you're struggling. As soon as you know your treatment plan will affect your work, it's worth reaching out to your manager or HR. Early conversations give everyone more time to plan.
Put your request in writing
Follow up any verbal conversation with an email summarizing what you discussed and what you're requesting. This creates a record and helps avoid misunderstandings. You don't need to share your full diagnosis — just the functional limitations that affect your work.
Provide medical documentation if asked
Your employer may ask for a note from your doctor confirming that you have a medical condition requiring accommodation. They are entitled to functional information — what you can and can't do — but not your full medical history or diagnosis details.
Participate in the process
Accommodation is a two-way process. Your employer has a duty to accommodate, and you have a duty to cooperate — which means responding to requests for information, considering alternatives, and engaging in good faith.
Get the agreement in writing
Once an accommodation is agreed upon, ask for it to be documented — even informally by email. This protects both you and your employer and makes it easier to revisit the arrangement as your needs change.
Your rights if accommodation is denied
If your employer refuses to accommodate you, or offers an accommodation that doesn't genuinely address your needs, you have options. The first step is usually to escalate within your organization — to HR, a union representative, or senior management.
If internal escalation doesn't resolve the issue, you can file a complaint with the Canadian Human Rights Commission (for federally regulated employers) or your provincial human rights tribunal. These processes are free to access and you don't need a lawyer to file a complaint.
It's also worth knowing that your employer cannot discipline, demote, or terminate you for requesting an accommodation or for taking medically necessary leave. Doing so would constitute discrimination and potentially wrongful dismissal.
Key legislation
Canadian Human Rights Act
Applies to federally regulated employers (banks, airlines, telecommunications, federal government). Prohibits discrimination on the basis of disability.
Ontario Human Rights Code
Applies to employers in Ontario. Requires accommodation to the point of undue hardship for employees with disabilities, including cancer.
British Columbia Human Rights Code
Protects employees in BC from discrimination based on physical or mental disability in employment.
Alberta Human Rights Act
Prohibits discrimination in employment based on physical disability or mental disability in Alberta.
Need help navigating your accommodation request?
We can help you understand your rights, prepare your request, and work through challenges with your employer.